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What is an
Affidavit? An
affidavit is a formal sworn statement of fact, signed by the author, who
is called the affiant or deponent, and witnessed as to the authenticity
of the affiant's signature by a taker of oaths, such as a notary public
or commissioner of oaths. The name affidavit is Medieval Latin for he
has declared upon oath. An affidavit is a type of verified statement
or showing, or in other words, an affidavit contains a verification,
meaning it is under oath or penalty of perjury, and this serves as
evidence to its veracity and is required for court proceedings.
Uses of Affidavits
- An affidavit can be
used to allow evidence to be gathered from witnesses or participants
who may not be available to testify in person before the court, or
who may otherwise fear for their safety if their true identities are
revealed in court.
- An affidavit can be
used to obtain a declaration on a legal document, such as an
application for voter
registration, that the information provided by the applicant is
truthful to the best of the applicant's knowledge. If, after signing
such a declaration, the information is found to be deliberately
untrue with the intent to deceive, the applicant may face perjury
charges.
Affidavits may be written
in the first or third person, depending on who drafted the document. If
in the first person, the document's component parts are:
- a commencement which
identifies the affiant;
- the individual
averments, almost always numbered as mandated by law, each one
making a separate claim;
- a statement of truth
generally stating that everything is true, under penalty of perjury,
fine, or imprisonment; and
- an attestation clause,
usually a jurat, at the end certifying the affiant made oath and the
date.
- If an affidavit is
notarized or authenticated, it will also include a caption with a
venue and title in reference to judicial proceedings. In some cases,
an introductory clause, called a preamble, is added attesting that
the affiant personally appeared before the authenticating authority.
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